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DECREE No

DECREE No. 117-CP ON THE 7th OF SEPTEMBER, 1994 OF THE GOVERNMENT ON LEGAL COSTS AND FEES

THE GOVERNMENT

Pursuant to the Law on Organization of the Government on the 30th of September, 1992;

Pursuant to the Penal Code on the 26th of August, 1988;

Pursuant to the Ordinance on the Procedure of Settling Civil Lawsuits on the 29th of November, 1989:

Pursuant to the Ordinance on the Recognition and Enforcement in Vietnam of Civil Verdicts and Decisions of Foreign Court on the 17th of April, 1993;

Pursuant to the Ordinance on the Procedure of Settling Economic Lawsuits on the 16th of March, 1994;

Pursuant to the Law on Bankruptcy of Businesses on the 30th of December, 1993;

At the proposals of the Minister of Justice and the Minister of Finance, and with the consent of the President of the Supreme People's Court,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.-

1. The legal costs provided for in this Decree include civil legal cost, economic legal cost and criminal legal cost.

2. Fees provided for in this Decree include the fee for the supply of excerpts from the court verdicts or decisions; the fee for the supply of the copy of the whole of the verdict or decision; the fee in the application to the Vietnamese Court for recognition and enforcement in Vietnam of a civil verdict or decision of a foreign court, and the fee for the application to the Vietnamese Court for non-recognition of a civil verdict or decision of a foreign court which has no request to be enforced in Vietnam; and the fee in the settlement of the bankruptcy of a business.

Article 2.-

1. The whole of the legal costs and fees collected must be remitted fully and in time to the State Budget.

2. When collecting the advance of legal costs or the legal costs, and collecting the advance of court fees or the court fees, the collector must use receipts which are issued by the Ministry of Finance in consultation with the Ministry of Justice. In case the payer of advance legal costs or advance court fees is repaid part or the whole of the sum already collected, the collecting agency must fill the procedure of repayment to the payer.

Chapter II

CIVIL LEGAL COSTS

Article 3.- The civil legal costs include civil legal cost at the first instance trial, the civil legal cost at the first and last instance trials, and the civil legal cost at the Court of Appeal.

Article 4.-

1. The level of civil legal cost at the first instance trial, and at the first and last instance trials in the non-tariff civil cases is 50,000 VND.

2. The level of civil legal cost at the first instance trial, and at the first and last instance trials, in the tariff civil cases is defined as follows:

Value of contested properties

Legal costs

a/ Up to 1,000,000 VND

b/ Above 1,000,000 VND up to 100,000,000 VND

c/ Above 100,000,000 VND up to 200,000,000 VND

d/ Above 200,000,000 VND up to 500,000,000 VND

e/ Above 500,000,000 VND up to 1,000,000,000 VND

f/ Above 100,000,000 VND

50,000 VND

5% of the value of the contested property

5,000,000VND + 4% of the part of the value of the contested property exceeding 100,000,000 VND

9,000,000 VND + 3% of the part of the value of the contested property exceeding 200,000,000 VND

18,000,000 VND + 2% of the part of the value of the contested property exceeding 500,000,000 VND

28,000,000 VND + 1% of the part of the value of the contested property exceeding 1,000,000,000 VND

3. With regard to the court cases concerning marriage and the family involving contest in the common property of both spouses, apart from the legal cost stipulated in Item 1 of this Article, the parties to the legal case shall have to bear the legal cost for the part of the contested property, as in a tariff civil case defined in Item 2 of this Article.

Article 5.- The legal cost for a civil case at the Court of a Appeal in all types of civil cases is 50,000 VND.

Article 6.- The duty of paying the advance legal costs in a civil case is defined as follows:

1. The plaintiff, the defendant having claim on the plaintiff, the persons with related interests or obligations having independent claims in the civil cases without or with tariff up to 1 million VND, shall have to pay an advance legal cost for first instance trial of 50,000 VND. With regard to civil cases having a tariff stipulated in Points b, c, d, e and f of Item 2 of Article 4 of this Decree, the contesting parties shall have to pay an advance legal cost for first instance trial representing 50% of the first instance legal cost, estimated by the Court based on the value of the contested property, except in cases of exemption from legal costs, stipulated at Article 10 of this Decree.

2. The appellant, according to the procedure of appeal, shall have to pay an advance appeal legal cost within the term of the appeal, at a level defined in Article 5 of this Decree.

Article 7.- In the cases listed below, the advance legal cost already paid shall be handled as follows:

1. The person, who has paid advance legal cost and who withdraws his claim before the Court opens, shall be given back 50% of the advance legal cost already paid.

2. The payer of the advance legal cost, shall have it repaid in full, if by decision of the Court he/she is not liable to legal cost, or shall be repaid the balance if by decision of the Court he/she has to pay less than the advance legal cost already paid.

3. If the trial of the civil lawsuit is suspended as stipulated in Items 1 and 3 of Article 46 of the Ordinance on the Procedures of Settling Civil Lawsuits, the advance legal cost shall be remitted to the State budget.

Article 8.- The liability to civil legal costs at first instance trial is defined as follows:

1. All the parties to the case shall have to bear first instance legal cost, if their claims are not accepted by the Court, including cases involving the division of disputed common property, except when exempted from legal cost as stipulated in Article 10 of this Decree.

With regard to the common property over which the contesting parties cannot detemine their shares, if they request the Court to help settle, they have to pay legal cost for first instance trial, in cases having a tariff stipulated in Article 4 of this Decree.

2. If before the opening of the trial, the Court succeeds in reconciliating the contesting parties who also reach agreement on the settlement, the contesting parties must pay 50% of the legal cost stipulated in Article 4 of this Decree. The contesting parties may agree among themselves on the legal cost to be borne by each party. If they cannot reach agreement, the Court shall decide.

3. With regard to divorce cases, the plaintiff must pay the legal cost for first instance trial, whether or not the Court accepts his or her request. In case both parties agree to the divorce, each shall have to bear half of the legal cost of the first instance trial.

4. If the settlement of the case is temporarity suspended, the legal cost shall be decided on the resumption of the case.

5. In case one of the parties is exempted from legal cost, the other parties still have to pay their own shares in the legal cost, as provided for in Items 1, 2, 3 and 4 of this Article.

Article 9.- The liability to civil legal costs at the Court of Appeal is defined as follows:

1. The appellant shall have to bear the appeal legal cost, if the Court of Appeal retains the verdict or decision of the Inferior Court.

2. The appellant shall not have to bear the appeal legal cost, if the Court of Appeal changes the verdict or decision of the Inferior Court, or annuls part or the whole of this verdict or decision.

Article 10.-

1. The following cases are exempted from legal cost:

a/ The person who asks for an allowance, or for certification of the extra-marital father or mother of a minor;

b/ A laborer asking for cancellation of a decision on lay-off, or an unlawful decision to terminate a labor contract;

c/ A laborer asking for his/her pay, or his/her social welfare insurance benefit;

d/ A laborer asking for compensation for labor accident, occupational disease, or any other damages;

e/ A person making a claim for compensation for loss of life, or damage to health;

f/ A complainant about the list of electors.

2. The Procuracy which starts a prosecution, or a social organization which files a lawsuit in the common interest, shall not have to pay the advance legal cost or court fee.

3. A person, who is meeting with economic difficulties which are certified by the People's Committee of the commune, ward or township, or a social organization, is eligible for exemption by the Court of part or the whole of the advance legal cost, or to partial or complete exemption of legal cost.

Chapter III

ECONOMIC LEGAL COSTS

Article 11.- The economic legal include the legal cost at the first instance trial, and the legal cost at the Court of Appeal.

Article 12.-

1. The level of economic legal cost at the first instance trial in the non-tariff economic cases is 500,000 VND.

2. The level of economic legal cost at the first instance trial in the tariff economic cases is set as follows:

Value of economic disputes

Legal cost

a/ Up to 10,000,000 VND

b/ Above 10,000,000 VND up to 100,000,000 VND

c/ Above 100,000,000 VND up to 200,000,000 VND

d/ Above 200,000,000 VND up to 500,000,000 VND

e/ Above 500,000,000 VND up to 1,000,000,000 VND

f/ Above 1,000,000,000 VND

500,000 VND

5% of the value of the economic dispute

5,000,000VND + $% of the value of the dispute exceeding 100,000,000 VND

9,000,000 VND + 3% of the part of the disputed value exceeding 200,000,000 VND

18,000,000 VND + 2% of the part of the disputed value exceeding 500,000,000 VND

28,000,000 VND+1% of the part of the disputed value exceeding 1,000,000,000 VND

Article 13.- The level of economic legal cost in the Court of Appeal is 200,000 VND for all economic lawsuits.

Article 14.- The duty to pay the advance economic legal costs is defined as follows:

1. The plaintiff, the defendant having an independent claim against the plaintiff, the persons with related interests and obligations having independent claims in the economic lawsuits, shall have to pay an advance first instance trial legal cost representing 50% of the cost announced by the Court.

2. The appellant, according to the procedure of appeal, shall have to pay an advance appeal legal cost, as stipulated in Article 13 of this Decree. The Procuracy, which protests according to the procedure of appeal, does not have to pay advance appeal legal cost.

Article 15.- In the following cases, the advance economic legal cost already paid shall be handled as follows:

1. The person, who has paid the advance legal cost but now withdraws the lawsuit before the Court opens, shall be returned 50% of the advance legal cost he/she has paid.

2. He/she shall have the whole advance legal cost returned, if the Court decides that he/she is not liable to legal cost. He/she is returned the difference, if the Court rules that he/she has to bear a lesser cost than the advance he/she has paid.

3. If the trial of an economic lawsuit is suspended as stipulated in Points a, c, d and e of Item 1 of Article 39 of the Ordinance on the Procedures of Handling Economic Lawsuits, the advance legal cost shall be remitted to the State budget.

Article 16.- The liability to economic legal cost at first instance trial is defined as follows:

1. The losing party or parties to the lawsuit shall have to bear first instance legal costs for their claims which are not accepted by the Court. Basing itself on the level of legal cost defined in Article 12 of this Decree, the Court shall decide the level of legal cost to be borne by the parties.

2. If before the trial, the Court succeeds in the reconciliation and the parties agree among themselves on the settlement of the lawsuit, they shall have to bear 50% of the legal cost stipulated in Article 12 of this Decree. The parties shall have to agree among themselves on the level of legal cost to be borne by each party. If they fail to agree, the Court shall decide.

3. If the settlement of the lawsuit is temporarily suspended, the legal cost shall be decided after resumption of the suit.

Article 17.- The liability to the appeal economic legal costs is defined as follows:

1. The appellant shall have to bear the appeal legal cost, if the Court of Appeal retains the verdict or decision of the Interior Court.

2. The appellant shall not have to bear the appeal legal cost, if the Court of Appeal changes the verdict or decision of the Inferior Court, or annuls part or the whole of the verdict or decision of the Inferior Court.

3. The Procuracy protesting according to the appeal procedures shall not have to bear the appeal legal cost.

Chapter IV

CRIMINAL LEGAL COSTS

Article 18.- The criminal legal costs include the criminal legal cost at the first instance trial, the criminal legal cost at the first and last instance trials, and the criminal legal cost at the Court of Appeal.

The level of the criminal legal cost at the first instance trial, at the first and last instance trials, and at the Court of Appeal is 50,000 VND.

Article 19.- The criminal legal cost at the first instance trial, and the criminal legal cost at the first and last instance trials are defined as follows:

1. The convict has to bear the first instance trial legal cost defined in Article 18 of this Decree.

2. In case the prosecution is started at the request of the victim, if the Court decides on a plea of non-guilty on the part of the defendant, the victim who has started the lawsuit has to pay the legal cost defined in Article 18 of this Decree.

3. Concerning the civil part of a compensation claim in a criminal case, the party which has to pay the compensation must pay the civil legal cost of the first instance trial as stipulated at Article 4 of this Decree, except when he/she is exempted from legal cost as stipulated in Article 10 of this Decree.

Article 20.- The criminal legal cost at the Court of Appeal is defined as follows:

1. The appealing defendant shall have to bear the appeal legal cost, if the Court of Appeal retains the penal decision of the case, or the first instance decision concerning the appealing defendant.

2. The appealing victim shall have to bear the appeal legal cost, if the prosecution is made at the request of the victim, and the Court of Appeal retains the decision of the verdict and the first instance ruling, and declares the defendant not guilty.

3. The Procuracy protesting shall not have to bear the appeal legal cost.

4. With regard to the civil part of the compensation for damage in a criminal case, the appellant shall have to bear the civil appeal legal cost, as stipulated in Items 1 and 2 of Article 9 of this Decree, except when he/she is exempted from legal cost as stipulated in Article 10 of this Decree.

Chapter V

FEES

Article 21.- The defendant and other concerned parties, who have been supplied with excerpts from the verdict or decision, or the copy of the whole of the verdict or decision as prescribed by law, shall have to pay a fee of 1, 000 VND per page, if they want to have another copy of the excerpts or the whole of the verdict or decision of the court.

Article 22.- An individual or organization that sends an application requesting the Vietnamese Court to recognize and enforce in Vietnam a civil verdict or decision of a foreign court, or that sends an application requesting the Vietnamese Court not to recognize a civil verdict or decision of a foreign court which has no request to be enforced in Vietnam, shall have to pay fees as follows:

- 500,000 VND for a resident individual in Vietnam, or an organization having its main office in Vietnam;

- 1,000,000 VND for a non-resident individual in Vietnam, or an organization without its main office in Vietnam.

2. The fees shall have to be paid fully at one time at the application receiving agency, together with the application and accompanying papers.

3. When transferring the dossier to the Court, the application receiving agency shall have to send also a copy of the receipt of the fee.

Article 23.-

1. When applying for the Court to declare the bankruptcy of a business, the creditors without guarantees or with partial guarantees shall have to advance a fee to settle the bankruptcy. This fee is set at 300,000 VND. This advance fee shall be repaid to the creditor by the debtor, if the Court declares the bankruptcy of the business, or issues a decision suspending the settlement of the request for bankruptcy after the business is no longer in the bankruptcy situation.

2. If the owner of the business or his lawful representative applies for a declaration of bankruptcy, they shall have to advance a fee of 500,000 VND to settle the bankruptcy.

3. The representative of the trade union asking for a declaration of bankruptcy of the business shall not have to advance the fee for settling the bankruptcy of the business.

4. The business, which is declared bankrupt, shall have to pay the fee for settling the bankruptcy. This fee is set at 1,00,000 VND. It is collected during the division of the remaining properties of the business which is declared bankrupt.

5. In case the Court issues a decision to temporarily suspend or to suspend the settlement of the request for declaration of bankruptcy of the business, the business shall have to bear only 50% of the fee stipulated in Item 50% of the fee stipulated in Item 4 of this Article.

6. In case the Court issues a decision to suspend the settlement of the request for declaration of bankruptcy of the business, the advance fee already paid shall be remitted to the State budget. The business, which is no longer in the bankruptcy situation, shall have to repay to the creditors the advance fee for the settlement of the bankruptcy which they have paid.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 24.- The defendant and other concerned parties who are foreigners shall have to pay the legal costs and fees as stipulated in this Decree, except otherwise provided for in the international treaties which the Socialist Republic of Vietnam has signed or acceded to.

Article 25.- When the price index on the market rises by 20% and more, the Ministry of Justice and the Ministry of Finance shall coordinate with the Supreme People's Court in readjusting the level of legal costs and fees denominated in actual sums in this Decree, in order to make them conform to the current prices.

Article 26.- This Decree takes effect as from the date of its signing, and replaces Decree No.61-CP on the 17th of September, 1993 of the Government. All the earlier provisions on legal costs and court fees are now annulled.

Article 27.- The Minister of Justice and the Ministry of Finance shall coordinate with the President of the Supreme People's Court in guiding the implementation of this Decree.

On behalf of the Government

For the Prime Minister

Deputy Prime Minister

PHAN VAN KHAI